1. General terms and conditions
The website 1991denim.com is the property of MadeFor BVBA. The company that owns the 1991 Denim is registered under VAT number BE-0671 489 626. Each order placed is equivalent to the acceptance of the general terms and conditions of sale by the buyer. These general terms and conditions form an integral part of the general terms and conditions described below.
1991 DENIM - Made For SPRL
25 avenue du Pont de Luttre
1180, Forest, Brussels
Telephone: +32 (0) 483 590 798
The entire ordering process can only be done in French or English. The main steps in this process are as follows:
2.1. Identification step
In case of first order:
The customer is required to create an account via the "Create Your Account" screen. To do so, he enters his email address and then clicks on the "Create your account" tab. A form entitled "Your personal information" will then appear.
Once this form is completed, the client must click on the "register" tab. As soon as this step is completed, the customer has the option of ordering the items of his choice by following the ordering process detailed in point B below.
In case of subsequent orders:
The customer will have access to the detailed ordering process in point B below by entering his email address and password in the screen entitled "already registered" after having clicked on the "Login" tab.
2.2. Ordering process
The customer, thanks to the tab "add to cart" will be able to select the desired product(s) in order to place them in his cart. Once the contents of his cart have been definitively determined, the customer simply has to click on the "order" tab to reach the screen showing the delivery and invoicing addresses.
The customer will then have to confirm his order using the "next" tab. A screen will then appear entitled "Shipping costs". After having accepted the general terms and conditions of sale and having chosen his delivery method, the customer will have to click on the "next" tab.
Finally, the customer will have to choose the method of payment for his order. As long as the customer does not click on the tab to choose a payment method, in order to confirm his order, he has the possibility to modify or correct his order at any time by using the "previous" tab.
Sale to a customer-consumer RIGHT OF RETRACTION:
In the event of an online purchase, the customer-consumer has the right to notify the seller that he/she renounces the purchase without penalty and without stating any reason, within 14 calendar days from the day after the day of delivery of the product. The right of withdrawal form can be downloaded here. In this case, the customer will have to bear the direct costs of return, except for returns based on Belgian or French territory which are offered to the consumer customer.
Prices are net and without discount, including VAT.
The buyer is required to pay immediately upon order, prior to delivery, the full price either by bank transfer within 14 calendar days or by means of the secure payment system OGONE, or via Paypal.
If the buyer chooses payment by bank transfer, the ordered goods are reserved for him for a period of 14 calendar days. If at the end of the 14 calendar days following the day of the order, the payment has not reached the seller, the goods will be put back into stock and the order will be considered null and void.
The product will only be delivered to the buyer after payment of the full price. Standard Delivery Time: within 3-5 working days.
6. Delivery time
Without prejudice to paragraph 3 of this article, the delivery times mentioned in the order confirmation are always indicative. In the event of a delay in delivery, the seller will make every effort to meet the delivery deadlines or will propose alternative solutions to the buyer in the event of a delay in delivery exceeding 10 calendar days.
Without prejudice to Article 12, in the event of non-compliance with the agreed delivery date or period, the buyer may terminate the sale if delivery is not made within the new agreed period following the sending of a formal notice by registered letter. This period may not exceed 25% of the time initially agreed with a minimum of 10 calendar days. In the event of termination at the end of the new agreed period, the price paid will be returned to the buyer within ten days of notification of such termination.
7. Place of delivery
The delivery of the ordered product is made to the delivery address agreed with the buyer as indicated in the order confirmation. The buyer shall bear all risks and costs related to the transport of the product.
In addition, the seller cannot be held liable for delays and/or damage caused during transport, except in the event of serious or gross negligence on his part.
Without prejudice to Article 11, any complaint relating to the delivery or conformity of the product with regard to apparent defects must be reported to the seller by email to the email address email@example.com, within 8 days of delivery.
Failing this, the delivery is considered accepted and no further claims can be made against the seller due to the delivery or apparent defects.
In the event of non-performance by the buyer and after a formal notice of default of one month, without prejudice to Article 1184 of the Civil Code, the seller reserves the right to terminate the contract, without prejudice to the right to damages, fixed at 15% of the total price of the goods, including VAT and interest referred to in Article 4 of these general conditions. This article does not apply in the event of force majeure as defined in article 12, notified by the party availing itself of it by registered letter within eight days of its occurrence.
The customer-consumer has the same right with regard to the seller, which shall be exercised according to the same procedures: In the event of termination of the sale at the seller's expense, the seller shall be liable to pay compensation equivalent to that provided for in the preceding paragraph.
10. Reservation of ownership
The products sold remain the property of the seller until full payment of the sale price of the product (including all accessories).
11.1. Lack of conformity - hidden defects
11.1.1. If the law of 1 september 2004 on the protection of consumers in the event of the sale of consumer products is applicable to the sale:
The products sold are guaranteed against any lack of conformity within the meaning of the said law for a period of two years from the date on which the product is made available by the seller to the buyer.
The buyer must notify the seller of the lack of conformity within two months of the day on which he notices the defect by registered letter.
In the event of lack of conformity within the meaning of the Law of 1 September 2004 on consumer protection in the sale of consumer products, the buyer shall have the right, unless this is impossible or disproportionate, to require the seller to repair or replace the product within a reasonable time and without major costs or inconvenience to the buyer.
If the buyer is not entitled to repair or replacement of the product, or if the seller has not carried out the repair or replacement within a reasonable time or without major inconvenience to the buyer, the buyer shall be entitled to demand an adequate reduction in price or, in the event of a serious defect, termination of the contract from the seller, excluding any claim for additional damages.
This clause does not prevent the guarantee against hidden defects of the item sold, as provided for in articles 1641 to 1649 of the Civil Code and article 11.1.2 of these general conditions.
11.1.2. If the law of 1 september 2004 on the protection of consumers in the event of the sale of consumer products is not applicable:
Hidden defects are covered by the contractual warranty for a period of one year from the date the product is made available by the seller to the buyer.
The buyer must notify the seller of the hidden defect by registered letter as soon as possible, and in any case within thirty days of the day on which he noticed the defect or should normally have noticed it.
If repair is technically impossible, the parties shall agree on the most appropriate means of remedying the defects or non-conformity, either by refunding part of the purchase price, replacing the product or terminating the sale, without the buyer being entitled to any other compensation.
Beyond one year, the legal warranty applies if the hidden defect existed at the time of delivery, and if it makes the product unfit for the use for which it is intended or if it significantly reduces its use.
11.2. Visible defects
The products are only guaranteed against visible defects subject to compliance with Article 8 of these general conditions and without prejudice to Article 11.1 of the same general conditions.
The seller shall not be liable for any damage caused by the use of the products sold, whether caused to the buyer, its products or third parties, even during the warranty period.
Consequently, the seller shall not be liable for any damages for personal injury, damage to property distinct from the supplies sold, loss of profit or any other damage resulting directly or indirectly from any defect that may affect these supplies.
In the event that the seller is nevertheless held liable, he would only be required to pay compensation that cannot be greater than or equal to the selling price of the product.
The warranty does not cover normal product wear and tear, or defects due to abnormal, faulty or negligent use of the product. No application of the guarantee may have the effect of extending its duration.
12. Major strength
Circumstances such as strikes, fires, machine breakdowns, supplier delays, epidemics, war risks, civil war, lack of energy resources, the act of the prince, supplier bankruptcy, etc. are to be considered as force majeure hypotheses when they have the effect of delaying or making deliveries very difficult. The seller shall not have to establish the unpredictability or irresistibility of these circumstances or the impossibility of performing the contract.
The seller shall inform the customer as soon as possible of the occurrence of one of the circumstances referred to in the preceding paragraph.
The seller reserves the right to extend the agreed delivery period by a period equal to the period during which the force majeure has continued. Similarly, if these facts may compromise the execution of the order in accordance with the terms and conditions provided, the seller reserves the right to terminate the contract without any commitment or liability on its part.
13. Processing of personal data
These provisions respect the client's privacy in accordance with the law of 8 December 1992 on the processing of personal data and other binding provisions of Belgian law in this area.
The person responsible for processing your personal data is Mr Henri Micheu, director of Made For SPRL, 1180 Brussels, 25 avenue du Pont de Luttre, registered with the ECB under number BE-0671 489 626. and for VAT under number BE-0671 489 626.
SPRL Made For under the 1991 Denim brand is active in the marketing of clothing for extreme sports distribution. The 1991 Denim team is available 24 hours a day, 7 days a week, at the following e-mail address: firstname.lastname@example.org and by telephone on 0032 483 590 798 from Monday to Thursday from 9am to 6pm and on Friday from 9am to 4pm.
The personal data communicated to 1991 are processed by it for the management of its customers, which includes in particular the management of their pre-contractual and contractual relations and information, as well as for the purposes of commercial prospecting (direct marketing).
The customer may object, on request and free of charge, to the processing of data concerning him for the purposes of commercial prospecting (direct marketing).
In addition, the customer has the right to obtain, free of charge, the rectification of any inaccurate personal data concerning him.
14. Applicable law and competent jurisdiction
Disputes relating to the interpretation and execution of these general terms and conditions of sale are exclusively governed by Belgian law.
For any dispute relating to the execution and interpretation of these general terms and conditions of sale, the courts of the district of Brussels shall have exclusive jurisdiction. This clause remains valid in the event of lis pendens, related actions or warranty claims.